Theo, Sol & Anor v Official Trustee in Bankruptcy [1995] FCA 944

CATCHWORDS COSTS - Appeal from exercise of trial judge's discretion - No error of fact or law found. Federal Court of Australia Act 1976 (Cth), s 43(2). Bankruptcy Act 1966 (Cth) Hughes v Western Australian Cricket Association (Inc) [1986] ATPR 48,134. Queensland Wire Industries Pty Ltd v Broken Hill Pty Ltd (1987) 17 FCR 211. House v The King (1935) 55 CLR 499. SOL THEO & ANOR v THE OFFICIAL TRUSTEE IN BANKRUPTCY QG 147 of 1995 Ryan, Sackville, Kiefel JJ. Brisbane 23 November 1995

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) QG 147 OF 1995 GENERAL DIVISION ) ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: SOL THEO First Appellant AND:THE TRUSTEES OF THE S. THEO FAMILY TRUST Second Appellant AND:THE OFFICIAL TRUSTEE IN BANKRUPTCY Respondent CORAM: RYAN, SACKVILLE, KIEFEL JJ. PLACE: BRISBANE DATE: 23 NOVEMBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed, with costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) QG 147 OF 1995 GENERAL DIVISION ) ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: SOL THEO First Appellant AND:THE TRUSTEES OF THE S. THEO FAMILY TRUST Second Appellant AND:THE OFFICIAL TRUSTEE IN BANKRUPTCY Respondent CORAM: RYAN, SACKVILLE, KIEFEL JJ. PLACE: BRISBANE DATE: 23 NOVEMBER 1995 REASONS FOR JUDGMENT THE COURT: Introduction This is an appeal from an order for costs made by Cooper J. His Honour ordered the present appellants (the applicants below) to pay 80% of the costs of the present respondent (also the respondent below). The first appellant, Mr Sol Theo, presented his own petition for bankruptcy on 19 October 1990 and the petition was accepted by the Registrar on that day. The trustee of the estate was the Official Trustee in Bankruptcy. One creditor,